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| Southern Cairo court adjourned the first case of the five cases filed by HRAAP against his Excellency Mr. President and the head of People's Assembly in their capacities for thousand detainees to session of December 26, 2004 and consider another two cases tomorrow |
On today's session December 12, 2004, southern Cairo court circuit No. 26, adjourned the first case of the five cases filed by HRAAP against his Excellency Mr. President and the head of People's Assembly in their capacities for thousand detainees to session of December 26, 2004 and consider another two cases tomorrow. HRAAP obligates these two authorities to compensate these detainees and their families for the arbitrary usage of his constitutional right to expand the state of emergency and the slackness of the People's Assembly in censoring the request of the President of the state to expand the use of emergency state which was approved after formal debates. HRAAP requested to include the documents of the People's Assembly sessions to agree on the temporary decision of his Excellency Mr. President No. 560/1981 of the Declaration of Emergency State, as the decree No. 40/2003 depended on the stated reasons for expanding emergency state. The representative of the victims stated that this decree is from the missions of the high authorities that cannot be discussed by judiciary. It is worth mentioning that the court did not allow the representatives of the victims to reply to the defendant. The legal documents of the five cases described - the five cases filed by HRAAP, which its mission of conducting it before judiciary was assigned to Mr. Negad Al Bora'y, lawyer in Cassation court – the decision of the President to expand the enforcement of emergency state in Egypt as an opposing decision to law and without including justified reasons to this request and that is what makes this decision lacks a very important aspect which is the reason and without the reason the decision is considered void. In addition, the legal documents of the five cases accused People's Assembly – after viewing discussions concerning the request of the President to expand the state of emergency in Egypt – of negligence in the legal and constitutional duties in censoring the government, also the members, except few members, hurried to support the executive authority to the extent that they could not see the obvious right. They were not unaware to inform them but they submitted to the desire of the executive authority exploiting their authorities arbitrarily on behalf of the latter.[1] These five cases are considered a continuation to a successful program to provide legal assistance for the detainees and their families and this program is carried out by HRAAP which managed to offer the legal support to the administrative detainees according to the Emergency Law and obtained many judicial verdicts whether to open closed prisons or offer the medical care for them or facilitate getting the right to education till filling compensation cases for torture and other kinds of maltreatment and degradation. It is worth mentioning that HRAAP files these cases as a part of the proceedings of its campaign to put an end to Emergency Law in Egypt which holds the motto of "We Deserve Freedom". This campaign started on Wednesday October 13, 2004, and honored all People's Assembly members and others from journalism and political parties who voted against the decision of the President to expand the state of emergency. Human Righs Association for Assisting Prisoners |
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